The Board denied the Veteran's claim for an earlier effective date for pension benefits, finding that the evidence did not establish entitlement to such a date based on his income exceeding the limit or any other reason. The decision also noted that the March 2006 denial of pension benefits was final and could not be reopened.
The deciding factor: The evidence did not show facts that would have prevented the Veteran from filing a claim for pension earlier, such as incapacity due to disability preventing application within one year of becoming permanently and totally disabled. The effective date is fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2010
- Citation
- 1040162
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1040162.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.